ARTICLE 2. Impeachment [3020. - 3040.]
Article 2 enacted by Stats. 1943, Ch. 134.
§§ 3020–3040 · 22 sections
- § 3020 State officers elected on a statewide basis, members of the State Board of Equalization, and judges of state courts are subject to impeachment for misconduct…
- § 3020.5 The Senate when sitting as the court of impeachment is a court of record. The officers of the Senate are the officers of the court.
- § 3021 All impeachments shall be by resolution adopted, originated in, and conducted by managers elected by the Assembly.
- § 3022 The managers shall prepare articles of impeachment, present them at the bar of the Senate, and prosecute them. The trial shall be before the Senate, sitting as…
- § 3023 When an officer is impeached by the Assembly for a misdemeanor in office, the articles of impeachment shall be delivered to the President of the Senate.
- § 3024 The Senate shall assign a day for the hearing of the impeachment and inform the Assembly thereof.
- § 3025 Not less than 10 days before the day fixed for the hearing, the President of the Senate shall have served on the defendant a copy of the articles of…
- § 3026 The service shall be made upon the defendant personally. If upon diligent inquiry he can not be found within the State, upon proof of that fact the Senate may…
- § 3027 If the defendant does not appear, upon proof of service or publication the Senate may, of its own motion or for cause shown, assign another day for hearing the…
- § 3028 When the defendant appears, he may object in writing to the sufficiency of the articles of impeachment, or he may answer the articles by an oral plea of not…
- § 3029 If the objection to the sufficiency of the articles of impeachment is not sustained by a majority of the members of the Senate who heard the argument, the…
- § 3030 If the defendant pleads not guilty, the Senate shall try the impeachment at the time it appoints. The plea shall be entered upon the Senate Journal, and puts…
- § 3031 At the time and place appointed, and before the Senate acts on the impeachment, the secretary shall administer to the President of the Senate, and the…
- § 3032 The defendant can not be convicted on impeachment without the concurrence of two-thirds of the members elected, voting by ayes and noes. If two-thirds of the…
- § 3033 After conviction and at the time appointed by the Senate, it shall pronounce judgment, in the form of a resolution entered upon the Senate Journal.
- § 3034 On the adoption of the resolution by a majority of the members present who voted on the question of acquittal or conviction, it becomes the judgment of the…
- § 3035 The judgment may be that the defendant be suspended, or that he be removed from office and disqualified to hold any office of honor, trust, or profit under the…
- § 3036 If judgment of suspension is given, during the continuance of the judgment the defendant is disqualified from receiving the salary, fees, or emoluments of the…
- § 3037 Whenever articles of impeachment against any officer subject to impeachment are presented to the Senate, the officer is temporarily suspended from his office…
- § 3038 Upon temporary suspension of any officer other than the Governor, his office shall at once be temporarily filled by an appointment made by the Governor, with…
- § 3039 If the Lieutenant Governor is impeached, notice of the impeachment shall be immediately given to the Senate by the Assembly in order that another president may…
- § 3040 If the offense for which the defendant is convicted on impeachment is also the subject of an indictment or information, the indictment or information is not…